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HomeMy WebLinkAboutTru NorthDevelopment Rezone2012 findings.pdf Rezone Tru North Development Approximately 245 West 1st North 1. On June 7, 2012, Cory Sorensen presented to the City of Rexburg Planning & Zoning Coordinator a request and application for a zone change for the property located at approximately 245 West 1st North, in Rexburg, Madison County, Idaho to be rezoned from Low Density Residential 2, Community Business Center, and Light Industrial to Mixed Use 2. 2. On June 8, 2012, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on June 16 and June 30, 2012. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 3. On July 5, 2012 Cory Sorensen presented to the Planning & Zoning Commission for the City of Rexburg, the Request for a Rezone for the property at approximately 245 West 1st North, in Rexburg, Madison County, Idaho to be rezoned from Low Density Residential Two (LDR2), Community Business Center (CBC), and Light Industrial to Mixed Use 2 (MU2). Dan Hanna motioned to recommend to City Council approval of a rezone for the property at approximately 245 West 1st North, from Low Density Residential 2, Light Industrial, and Community Business Center to Mixed Use 2, to include three conditions: 1) There shall be surface parking only - no parking structure; 2) No access onto 3rd West; and 3) There shall be a landscaped area along the frontage of the subject property on 3rd West with a depth of not less than fifty (50) feet. Marilyn Rasmussen seconded the motion. Dan Hanna amended the motion and Marilyn Rasmussen seconded the amended motion to include a fourth condition: 4) Thirty-six month sunset clause specifying that the subject property will revert back to current zoning if the project does not move forward in that period of time. None opposed. Motion carried. . 4. On September 19, 2012 in a City Council public hearing Council Member Merrill explained appreciation for the letters submitted by the residents. The project needs to have conditions that will allow the developer to make a return on investment. At the same time the conditions should help meet the concerns of the residents. The building next to residents should be buffered with the purpose of blocking any view into backyards. Council Member Merrill would rather allow a park to be built off of 3rd West; however it would be important to follow the neighborhoods desire by placing twin homes on the empty lots. The land should be used in an appropriate way. The project should be scaled down and conditioned to fit the neighborhood. 35 North1st East Rexburg, ID 83440 Phone: 208.359.3020 Fax: 208.359.3022 www.rexburg.org Findings of Fact City of Rexburg Mayor Woodland explained the project can be a benefit to the neighborhood, the city, and every citizen. The project needs to be tempered to fit the neighborhood. Council Member Sutherland asked Mr. Watson if making adjustments would be feasible for the project. Mr. Watson directed the question to City Attorney Stephen Zollinger. City Attorney Zollinger explained the proposal will need to return in order to discuss substantial adjustments. Council Member Mann moved to deny the re-zone from Low Density Residential 2, Light Industrial and Community Business Center to Mixed Use 2 at approximately 245 West 1st North; Council Member Benfield seconded the motion; Discussion on the developer returning with a more detailed proposal to fit the property. Council Member Merrill asked the City Council to consider placing conditions on the project instead of completely denying it. The motion would need to be detracted. The motion was not detracted. Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Busby Council Member Sutherland Council President Mann Council Member Merrill Council Member Benfield Council Member Smith Mayor Woodland voted nay to reject the motion. The motion failed. Discussion: Mayor Woodland asked the City Council for a different motion. Council Member Merrill suggested applying conditions on the project in order to minimize the impact on the neighborhood. Council Member Sutherland explained the least evasive construction would be to build twin homes on the 3rd West lots. Cory Sorensen explained the lots on 3rd West can be left as LDR2 to match the neighborhood. This will allow twin homes, single homes, or the lot could be sold. Council Member Merrill moved to approve the re-zone from Low Density Residential Two, Light Industrial and Community Business Center to Mixed Use Two at approximately 245 West 1st North with the exception of the two 3rd West lots be left LDR2 at the depth needed for what will to be built in the LDR2 lots, including the following conditions: Planning and Zoning conditions: 1) There shall be surface parking only - no parking structure; 2) No access onto 3rd West; 3) No landscaped area along the frontage of the subject property on 3rd West with a depth of not less than fifty (50) feet (Lots have been left as LDR2); and 4) Thirty-six month sunset clause specifying that the subject property will revert back to current zoning if the project does not move forward in that period of time. Additional conditions: 5) Sufficient buffering with landscape for any line of site from a building to a neighboring backyard; 6) 1:1 ratio setback; and 7) Allow no more than 16 units per acre; Council Member Sutherland seconded the motion; Discussion: Mayor Woodland asked for a vote: Those voting aye Those voting nay Council Member Merrill Council Member Benfield Council Member Sutherland Council President Mann Council Member Smith Council Member Busby Mayor Woodland voted aye to approve the motion. The motion carried.